II 

112TH CONGRESS 

1ST SESSION S. 798 

To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration 

and Transfer Record, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2011 

Mr. TESTER (for himself, Mr. MCCAIN, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide an amnesty period during which veterans and 

their family members can register certain firearms in 

the National Firearms Registration and Transfer Record, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans’ Heritage 

5 Firearms Act of 2011’’. 

6 SEC. 2. AMNESTY PERIOD FOR VETERANS TO REGISTER 

7 QUALIFYING FIREARMS. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) AMNESTY PERIOD.—The term ‘‘amnesty pe2 riod’’ means the 90-day period beginning on the date 

3 that is 90 days after the date of enactment of this 

4 Act. 

5 (2) APPLICABLE VETERAN.—The term ‘‘appli6 cable veteran’’ means, with respect to a firearm, the 

7 veteran referred to in paragraph (7)(A) with respect 

8 to the firearm. 

9 (3) CONTINENTAL UNITED STATES.—The term 

10 ‘‘continental United States’’— 

11 (A) means the several States and the Dis12 trict of Columbia; and 

13 (B) does not include Alaska or Hawaii. 

14 (4) FAMILY.— 

15 (A) IN GENERAL.—The term ‘‘family’’ 

16 means, with respect to a veteran— 

17 (i) a grandparent of the veteran; 

18 (ii) the spouse of the veteran; 

19 (iii) a lineal descendant of a grand20 parent described in clause (i); and 

21 (iv) the spouse of a lineal descendant 

22 described in clause (iv). 

23 (B) SPECIAL RULES.—For purposes of 

24 subparagraph (A)— 


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1 (i) a spouse of an individual who is le2 gally separated from the individual under a 

3 decree of divorce or separate maintenance 

4 shall be deemed to be the spouse of the in5 dividual; and 

6 (ii) an individual shall be deemed to 

7 be a lineal descendant of a grandparent of 

8 a veteran if the individual is— 

9 (I) the biological child of an indi10 vidual who is the spouse of a lineal 

11 descendant of the grandparent; 

12 (II) adopted by a lineal descend13 ant of the grandparent; or 

14 (III) a lineal descendant of an in15 dividual described in subclause (I) or 

16 (II). 

17 (5) FIREARM.—The term ‘‘firearm’’— 

18 (A) has the meaning given the term in sec19 tion 5845 of the Internal Revenue Code of 

20 1986; and 

21 (B) does not include— 

22 (i) any device described in section 

23 5845(f)(1) of the Internal Revenue Code of 

24 1986; or 

25 (ii) any combination of parts— 


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1 (I) designed or intended for use 

2 in converting any device into a device 

3 described in clause (i); or 

4 (II) from which a device de5 scribed in clause (i) may be readily 

6 assembled. 

7 (6) NATIONAL FIREARMS REGISTRATION AND

8 TRANSFER RECORD.—The term ‘‘National Firearms 

9 Registration and Transfer Record’’ means the Na10 tional Firearms Registration and Transfer Record 

11 established under section 5841 of the Internal Rev12 enue Code of 1986. 

13 (7) QUALIFYING FIREARM.— 

14 (A) IN GENERAL.—The term ‘‘qualifying 

15 firearm’’ means any firearm that was ac16 quired— 

17 (i) before October 31, 1968; and 

18 (ii) by a veteran, while the veteran 

19 was— 

20 (I) a member of the Armed 

21 Forces; and 

22 (II) stationed outside the conti23 nental United States. 

24 (B) PRESUMPTION OF VALIDITY.—In the 

25 absence of clear and convincing evidence to the 


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1 contrary, the Attorney General shall accept as 

2 true and accurate any affidavit, document, or 

3 other evidence submitted by an individual to es4 tablish that a firearm meets the requirements 

5 of subparagraph (A). 

6 (8) VETERAN.—The term ‘‘veteran’’ has the 

7 meaning given that term in section 101(2) of title 

8 38, United States Code. 

9 (b) REGISTRATION.—Subject to such regulations as 

10 the Attorney General may prescribe, during the amnesty 

11 period an applicable veteran or a member of the family 

12 of the applicable veteran who owns and possesses a quali13 fying firearm may register the qualifying firearm in the 

14 National Firearms Registration and Transfer Record. 

15 (c) HEARINGS.—If the Attorney General determines 

16 that an individual may not register a firearm under sub17 section (b) during the amnesty period, the Attorney Gen18 eral, on the request of the individual, shall— 

19 (1) provide the individual any evidence on which 

20 the decision by the Attorney General is based; and 

21 (2) promptly hold a hearing to review the deter22 mination. 

23 (d) LIMITED IMMUNITY.— 


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1 (1) CRIMINAL LIABILITY UNDER TITLE 18.—An 

2 individual who registers a qualifying firearm under 

3 subsection (b)— 

4 (A) shall be treated, for purposes of sub5 sections (a)(3) and (o) of section 922 of title 

6 18, United States Code, as having lawfully ac7 quired and possessed the qualifying firearm be8 fore the date of the enactment of chapter 44 of 

9 such title and of each provision of such chapter; 

10 and 

11 (B) shall not be liable for any violation of 

12 such chapter that— 

13 (i) is based solely on the ownership, 

14 possession, transportation, importation, or 

15 alteration of the qualifying firearm by the 

16 individual; and 

17 (ii) occurred at or before the time at 

18 which the individual registered the quali19 fying firearm. 

20 (2) CRIMINAL LIABILITY UNDER INTERNAL

21 REVENUE CODE.—Except as provided in paragraph 

22 (3), an individual who registers a qualifying firearm 

23 under subsection (b) shall not be liable for a viola24 tion of chapter 53 or 75 of the Internal Revenue 

25 Code of 1986 with respect to the qualifying firearm 


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1 that occurred at or before the time at which the in2 dividual registered the qualifying firearm. 

3 (3) TRANSFER TAX LIABILITY.—Paragraph (2) 

4 shall not affect the liability of any individual for any 

5 transfer tax imposed under section 5811 of the In6 ternal Revenue Code of 1986. 

7 (4) ATTEMPTS TO REGISTER.—In the case of 

8 an applicable veteran or a member of the family of 

9 the applicable veteran who attempts to register a 

10 qualifying firearm in the National Firearms Reg11 istration and Transfer Record at a time other than 

12 during the amnesty period, paragraphs (1), (2), and 

13 (3) shall apply with respect to the individual if the 

14 individual surrenders the qualifying firearm to a law 

15 enforcement agency not later than 30 days after no16 tification by the Attorney General of potential crimi17 nal liability for continued possession of the quali18 fying firearm. 

19 (e) FORFEITURE.—A qualifying firearm registered 

20 under subsection (b) shall not be subject to seizure or for21 feiture under chapter 53 or 75 of the Internal Revenue 

22 Code of 1986 or chapter 44 of title 18, United States 

23 Code, for a violation of any such chapter with respect to 

24 the qualifying firearm that occurred at or before the time 

25 at which the individual registered the firearm. 


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1 (f) NOTICE; FORMS; MAILBOX RULE.— 

2 (1) NOTICE OF AMNESTY PERIOD.—The Attor3 ney General shall provide clear printed notices pro4 viding information regarding the amnesty period and 

5 registering a qualifying firearm during the period. 

6 To the extent feasible, the Attorney General shall 

7 ensure that the notices are posted in post offices, 

8 law enforcement buildings, buildings of the Depart9 ment of Veterans Affairs, and businesses of licensed 

10 firearms dealers. 

11 (2) FORMS.—The Attorney General shall make 

12 available any forms necessary for registering a fire13 arm in the National Firearms Registration and 

14 Transfer Record. To the extent feasible, the Attor15 ney General shall make such forms available in the 

16 locations referred to in paragraph (1) and through 

17 the website of the Bureau of Alcohol, Tobacco, Fire18 arms, and Explosives. 

19 (3) MAILBOX RULE.—For purposes of this sec20 tion, the Attorney General shall treat any form that 

21 is postmarked during the amnesty period as being 

22 received during the amnesty period. 

23 SEC. 3. TRANSFER OF FIREARMS TO MUSEUMS. 

24 (a) TRANSFER OF FORFEITED CURIO OR RELIC

25 FIREARMS TO MUSEUMS.— 


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1 (1) DEFINITIONS.—In this subsection: 

2 (A) CURIO OR RELIC FIREARM.—The term 

3 ‘‘curio or relic firearm’’ means any firearm (as 

4 defined in section 2(a)(5)) that is treated as a 

5 curio or relic under chapter 44 of title 18, 

6 United States Code. 

7 (B) QUALIFIED MUSEUM.—The term 

8 ‘‘qualified museum’’ means— 

9 (i) any museum owned or operated by 

10 the Federal Government or a State or local 

11 government; and 

12 (ii) any museum that— 

13 (I) is open to the public; 

14 (II) is incorporated as a non15 profit corporation under applicable 

16 State law; 

17 (III) may possess a firearm in 

18 the collection of the museum under 

19 the laws of the State in which the col20 lection is displayed; 

21 (IV) holds a license under chap22 ter 44 of title 18, United States Code, 

23 as a collector of curios or relics; and 

24 (V) certifies to the Attorney Gen25 eral that— 


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1 (aa) the museum is not en2 gaged in the trade or business of 

3 buying or selling curio or relic 

4 firearms; 

5 (bb) with respect to the 

6 transfer of any curio or relic fire7 arm under paragraph (2), the 

8 museum is not requesting the 

9 transfer of the curio or relic fire10 arm for purpose of sale; and 

11 (cc) the museum shall, not 

12 later than 90 days after the mu13 seum ceases operations, file an 

14 application pursuant to chapter 

15 53 of the Internal Revenue Code 

16 of 1986 to transfer any machine17 gun transferred to the museum 

18 under paragraph (2) to an entity 

19 or person who may lawfully pos20 sess the machinegun under sec21 tion 922(o) of title 18, United 

22 States Code, or abandon the ma23 chinegun to Federal, State, or 

24 local law enforcement authorities. 


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1 (2) TRANSFER.—The Attorney General shall 

2 transfer each curio or relic firearm that is forfeited 

3 to the United States to the first qualified museum 

4 that submits a request for the curio or relic firearm 

5 in such form and manner as the Attorney General 

6 may specify. 

7 (3) DESTRUCTION OF FORFEITED CURIO OR

8 RELIC FIREARMS PROHIBITED.—The Attorney Gen9 eral shall not destroy any curio or relic firearm that 

10 is forfeited to the United States until the end of the 

11 5-year period beginning on the date of the forfeiture. 

12 (4) CATALOGUE OF CURIO OR RELIC FIRE13 ARMS.—With respect to each curio or relic firearm 

14 that is available to be transferred to a qualified mu15 seum under paragraph (2), the Attorney General 

16 shall, not later than 60 days after the date of the 

17 forfeiture of the curio or relic firearm, publish infor18 mation which identifies the curio or relic firearm (in19 cluding a picture) on the website of the Bureau of 

20 Alcohol, Tobacco, Firearms, and Explosives. The in21 formation shall be available to the public without 

22 cost and without restriction. 

23 (5) REGISTRATION OF CURIO OR RELIC FIRE24 ARMS.—Any curio or relic firearm transferred under 

25 paragraph (2) to a qualified museum shall be regVerDate Mar 15 2010 02:09 Apr 13, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S798.IS S798

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1 istered to the transferee in the National Firearms 

2 Registration and Transfer Record. 

3 (b) TRANSFER OF MACHINEGUNS TO MUSEUMS.— 

4 Section 922(o)(2) of title 18, United States Code, is 

5 amended— 

6 (1) in subparagraph (A), by striking ‘‘or’’ at 

7 the end; 

8 (2) by redesignating subparagraph (B) as sub9 paragraph (C); and 

10 (3) by inserting after subparagraph (A) the fol11 lowing: 

12 ‘‘(B) a transfer to or by, or possession by, 

13 a museum that is open to the public and incor14 porated as a nonprofit corporation under appli15 cable State law; or’’. 

Æ 


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